sec.110AMaking of an order

### sec.110A Making of an order This section applies if a court convicts an offender of a graffiti offence, whether on indictment or summarily. The court must make a graffiti removal order for the offender whether or not it records a conviction and whether or not it also makes another order under this or another Act. However, subsection (2) does not apply if the court is satisfied that, because of any physical, intellectual or psychiatric disability of the offender, the offender is not capable of complying with a graffiti removal order. Subsection (2) is subject to sections 121 (3) , 125 (7) and 126 (6A) . s 110A ins 2013 No. 31 s 47 amd 2014 No. 42 s 92A (sec.110A-ssec.1) This section applies if a court convicts an offender of a graffiti offence, whether on indictment or summarily. (sec.110A-ssec.2) The court must make a graffiti removal order for the offender whether or not it records a conviction and whether or not it also makes another order under this or another Act. (sec.110A-ssec.3) However, subsection (2) does not apply if the court is satisfied that, because of any physical, intellectual or psychiatric disability of the offender, the offender is not capable of complying with a graffiti removal order. (sec.110A-ssec.4) Subsection (2) is subject to sections 121 (3) , 125 (7) and 126 (6A) .